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eBook details

• Title: Greene v. Transport Insurance Company
• Author : Court of Appeals of Georgia
• Release Date : January 13, 1984
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 60 KB

Description

Appellant, an employee of Motor Convoy, Inc., filed suit against appellee, which is Motor Convoy's insurer for both workers' compensation coverage and motor vehicle coverage. In his complaint, appellant alleged that he had suffered a ruptured disc while using a motor vehicle owned by his employer and insured by appellee, and that appellee had refused to pay the personal injury protection benefits he sought. In its defense, appellee raised the doctrine of collateral estoppel and, subsequently, summary judgment based on this doctrine was granted to appellee. Appellant now argues that application of that doctrine was improper and untimely. Appellee attached to its motion for summary judgment certified copies of the awards of the administrative law Judge and the State Board of Workers' Compensation in the workers' compensation claim appellant filed based on the incident which allegedly resulted in appellant's ruptured disc. In an award affirmed by the full board, the ALJ denied appellant's claim for benefits, finding that he evidence shows as a matter of fact that the claimant had a cervical disc disease and the claimant has not carried the burden of proof to show that he had an accident and injury which arose in and out of the course of his employment... The A.L.J. continued, stating that the claimant's overweight and day-to-day activities contributed to his ultimate necessity to have an operation just as much or more than his work activities... After perusing the findings and Conclusions of the ALJ and the full board, the trial court granted summary judgment to appellee after it had determined that the issues raised in the case at bar are the exact issues plaintiff raised in the workers' compensation case... the parties to the instant case were also parties to the workers' compensation proceedings.

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